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IRE Challenges by Claimants Are Limited to 60 Days
The status of the law regarding the various provisions of Section 306(a.2) of the Workers' Compensation Act dealing with Impairment Rating Evaluations, or IREs, continues to be in flux.
Revisiting the Importance of Unreasonable Contest Counsel Fees
Of all the ammunition in a claimant's attorney's arsenal, the weapon that is most deadly and least utilized is that of the unreasonable contest counsel fee demand. As a result of a defendant's overly aggressive posture, a claimant is routinely forced to needlessly prosecute a petition for benefits or otherwise oppose a baseless defense petition, causing precious judicial resources to be misallocated.Pa. High Court to Revisit the 'Traditional Administrative Process'
If the following column seems familiar, it is no coincidence. On Oct. 20, the Pennsylvania Supreme Court authored the fourth, and not final chapter in the Diehl saga, by granting the claimant's petition for allowance of appeal.The Brief Can Be the Key in Workers' Comp Cases
Perhaps one of the most important, yet most overlooked aspects of litigating the workers' compensation case is the preparation of the brief following the close of the record.
Commonwealth Court Revisits Physical/Mental Injuries
As is well known to the workers' compensation practitioner, work-related psychological injuries are challenging, to say the least, as the case law of the last decade has not been favorable to the injured worker.Once and for All, State Supreme Court Decides Diehl
On Oct. 20, 2009, the Pennsylvania Supreme Court granted the claimant's petition for allowance of appeal in Diehl v. W.C.A.B..Illegal Cessation of Benefits Retroactively Absolved
The recent Commonwealth Court case of Krushauskas v. Workers' Compensation Appeal Board (General Motors) sets a disturbing precedent that should cause all claimant's practitioners to take note. Essentially, the court enables an employer to unilaterally suspend benefits and then allow the illegal conduct to be retroactively sanctioned, years later.The Supreme Court's Gardner Decision from the Claimant's Perspective
The January 2003 Commonwealth Court case of Gardner v. W.C.A.B. (Genesis Health Ventures) held that an employer's failure to request an Impairment Rating Evaluation (IRE) within 60 days of the expiration of the 104-week period, as provided by the plain meaning of the statute, is a bar to seeking an IRE altogether under Section 306(a.2) of the act.Commonwealth Court Revisits 'Serial' Termination Petitions
The Commonwealth Court case of Prebish v. W.C.A.B. (DPW/Western Center) revisits the issue of whether an employer can file "serial termination petitions" in an effort to prove that a claimant is fully recovered from a long-standing work injury.Proceed in a Timely Manner or Face Dismissal With Prejudice
At first blush, one might read the recent Commonwealth Court case of US Airways v. W.C.A.B. (McConnell) and come away with the impression that the court has made it much more difficult for claimants attorneys to withdraw a claim petition during the pendency of a case with the intent of refiling it to prosecute at a later date.TRENDING STORIES
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